Department of Agrarian Reform - WE PROTECT · 2012. 5. 8. · Review DARAB Rules of Procedure for...

Department of Agrarian Reform

Integrity Development Review 2007AG Presentation

DAR Integrity Development Review 2007

DAR Assessment Team

Team Leader ALAN S. CAJES

Deputy Team Leader RONALD DOCTOR

Members: LOURDES BORROMEO DANIEL EBOÑA ONOFRE Q. LECITONA, JR.ELMER BEN V. PASION BLESILDA PILAR Z. SERVANDO RICKY PARAS SUNGASHIELA C. TIANGCO


D1. Leadership

30-40%70-80%70-80%Deployment1

2223Agency Rating

IDR TeamXIVIIIICODimension

Areas for Improvement

• The Executive Committee and the Management Committee at the Central and Regional offices should formulate a clear policyto discourage employees from engaging in corruption and unethical behavior

• Concerned Officials should undergo trainings in the area of corruption prevention and detection

• Officials should practice leadership by example• Top leaders must express their political will against corruption


D2. Code of Conduct

10-20%90-100%90-100%90-100%Deployment 11111Agency Rating



• Adopt an Agency Code of Conduct that includes a control on conflict of interest and post employment; should be deployed to all officials and employees through continuous orientation programs

• Conduct integrity tests and develop willingness to initiate disciplinary proceedings

• Set up a public and internal complaint management system


D3. Gifts & Benefits Policy

0000Deployment 00000Agency Rating

Team RatingXIVIIIICODimension


� Although there are statements to the effect that the provisions

of Republic Act No. 6713 on Solicitation or Acceptance of gifts

is adopted, the agency has no written policy on solicitation and

acceptance of gifts that is consistent with RA 6713 and RA

3019

� The agency also has no written policy on offers of bribes and

written guidelines on donations.


D4. Human Resource Management




• Include measures of integrity in recruitment and promotion processes

• Practice transparency to ensure that the HR process is not perceived as

subject to undue influence

• Update the Job Description of employees in accordance with actual job

performance

• Formulate a post employment policy for retiring and resigning personnel

• Make supervisors accountable for integrity performance of subordinates

• Adopt a policy on conflict of interest

• Monitor quality of staff lifestyle


D5. Performance Management




• Formulate a policy on sanctions for poor performance

and negligence of duty that can be uniformly

deployed to all levels

• Analyze agency/individual performance in relation to

the incidence of corruption in the agency


D6. Procurement Management




• Strict compliance to R.A. 9184 & IRR• Employ public bidding as the primary mode of procurement (resorting to alternative mode of procurement should be the last option based on set conditions)

• Prepare a Workable/Feasible Annual Procurement Plan & make use of the Approved Budget for procurement

• All purchases made by the GSD must be based on the APP• Ensure that invited observers attend BAC proceedings• Train BAC Members, BAC Secretariat, TWG, Procurement Units (GSD), etc. on R.A. 9184


D7. Financial Management



Areas for Improvement• Financial statements and COA audit findings must be used to assist and

enhance decision-making e.g., Value for Money Audit findings of foreign

assisted projects and unliquidated cash advances;

• Strictly enforce budgeting and accounting policies and guidelines

specifically on unliquidated cash advances;

• Conduct audit and provide full audit trail on major financial transactions

• Institutionalize random/spot audits on transactions

• Ensure that a corruption resistance system is integrated in all its financial

processes


D8. Whistleblowing, Internal

Reporting & Investigation

0000Deployment 00000Agency Rating


Areas for Improvement� Come up with a written policy on whistle blowing or internal reporting

� Formulate policy and procedure to protect the confidentiality ofwhistleblowers

� Build a culture of reporting corrupt practices involving officers, employees and stakeholders

� Train relevant personnel in handling & investigating corruption

� Train all personnel on how to report incidents of corruption & unethical behavior


D9. Corruption Risk Management

10-20%30-40%30-40%Deployment 11101Agency Rating



• Proactively undertake an assessment of corruption risk areas

• Benchmark with other agencies how to make IAS more effective

especially at the regional levels

• Identify all risk areas including risk profiles of all work units (extended

CVA)

• Senior leaders to express political will in addressing IAS Audit Findings

and Recommendations (Anti-corruption champions at the CO, DARRO

and DARPO levels)

• Include Audit findings as inputs to strategic and operational plans and

other agency decisions.


D10. Managing Interface

with External Environment



Areas for Improvement• Provide a public service area in local offices. • Provide an Officer of the Day to respond to the needs of the transacting public and visitors.

• Install a system where the stakeholders can provide feedback through the use of the text messaging system, email, internet, suggestion boxes, and the like.

• Document complaints and feedbacks from clients, as well as actions to resolve the complaints & or feedbacks

• Launch a public awareness campaign about the agency’s mandates, programs, services, organizational chart and process flows of key services


1113310. Interface with External Envi.

111019. Corruption Risk Management

000008. Whistle blowing & Internal Rep.

233327. Financial Management

103316. Procurement Management

223325. Performance Management

333334. Human Resource

Management

000003. Gifts and Benefits Policy

111112. Code of Conduct

112231. Leadership

R11R6R3CO

Validated Team

Rating

IDA Self RatingDimension

Summary of IDA Ratings


Risk Map

Process 1. Voluntary Offer to Sell

Significance of Impact

Likelihood of Occurrence

Low High

HighInfluence Peddling

Facilitation for fee

Collusion to increase the Land

Valuation

Loss of Claim Folders

Collusion in the

preparation of the FIR

Intervention of

Landowners in selection of

potential ARBs

Delay in the evaluation and

submission of CF


Risk Map

Process 2. Land Use Conversion



Low High

High 1. Bribery/extortion in reviewing and

approving application

2. Collusion between MARO and applicant

3. Collusion between applicant and staff;

limited capacity to assess documents

4. Abuse of discretion in assessment of fees

5. Bribery/extortion/collusion of OCI team

6. Bribery/extortion/abuse of RD’s

Selling of LUC forms

Bribery of RCLUPPI Secretariat to

other requirements

Submission of spurious

documents to MARO


Process 3. Agrarian Adjudication

High



Low High

•Possible collusion to get preferred case

•Intentional loss of claim

folder

•Assigning of preferred case for a fee

Outside influence in rendering

decisions

•Asking for fees from litigants

•Asking for extra fees to serve summons

•Bribery or extortion in drafting decisions

•Collusion between parties and adjudicator in rendering decisions

•Breach of confidentiality in routing decisions

•Collusion, bribery or extortion before issuance of decisions

•Intentional delay in the execution of decision


Over-all Recommendations

Structural:

� In addition to IAS, set up a group to conduct performance audit in response to complaints, ensure that systems and procedures are in place and observed, determine possible deviations from performance standards

� Set up information and complaints units in areas where clients transact business with the agency

� Establish an independent DARAB as proposed in the NARAC Bill


Over-all RecommendationsPolicy:

� Review and implement the draft Internal Code of Conduct, which should include a policy on solicitation and acceptance of gifts and post employment policy

� Review DARAB Rules of Procedure for possible amendments and include recommendations of local DARAB Offices

� Strictly enforce policy on performance of personnel

� Strict adherence to Annual Procurement Plan

� Formulate and implement a policy on whistle-blowing

� Maintain IAS independence

� Continuous internal marketing of IAS and its functions

� Review EO 405 s.1990 on land valuation


Over-all RecommendationsPolicy:

� Formulate and communicate an Anti-Corruption Policy� Top leaders to express political will to combat corruption� Develop anti-corruption champions at all levels� Define conflict of interest� Include integrity as one of bases for recruitment and promotions

� Undertake integrity testing-related activities� Make supervisors accountable for corruption among subordinates

� Conduct of quality lifestyle check (excessive and poverty threshold)

� Promote healthy lifestyle; introduce quality management & performance excellence systems

� Include anti-corruption clause in all contracts


Over-all RecommendationsSystems:

� Provide full audit trail on major financial transactions

� Install a comprehensive feedback system

� Incorporate E-Procurement in the agency’s procurement system

Resources:

� Codify all resolved agrarian cases

� Provide appropriate trainings to DAR personnel (BAC, DARAB, BARC, etc.)

� Provide a Public Service Area and Officer of the Day for agency clients


Thank you

for your kind attention.

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